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Ex Chief Exec - Dave Clark


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the kinda money its cost to pay this fellow off could have paid for a gritter , or kept a school open , etc etc , them that employed him n those who willingly brought him down ought to think long n hard about how much THEY have cost as they have contributed to the situation. Only saying , not starting a fight :roll: . Has anybody thrown Tom Stoves name into the replacement list ? responsible politician and ambassador with good organisational skills there ?

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Our esteemed Convener seems to have some interesting and varied viewpoints on litigation.

 

 

 

As part of the negotiation process, the Council has considered expert evidence concerning the impact of all of this on Mr Clark’s career prospects. Taking that into account, the Council is confident that the settlement it has agreed with Mr Clark is a fair one for both parties. Whilst there may be calls from constituents for the Council and Mr Clark to litigate to resolve this, constituents should understand that that process would be extremely expensive, time-consuming and very high profile. The potential award that could be made to Mr Clark could be considerably higher than the settlement which has been reached.

 

This extremely sound advice might have been taken by the individual giving it when he started a ridiculous battle over the Bressay Bridge.

 

It might be even more worthwhile for him to take his own advice with the decision he rammed through the other week on the Charitable Trust?

 

I would much rather have seen a high profile case with Mr. Clark, than the other cases listed above.

 

Maybe there are personal skeletons in the closet? I am confident we might guess who was driving the decision based on the two examples above.

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Until we vote in councillors on merit and not because they are friends or family, we will allow these possibly illegal blunders to continue.

Ostriches do not hide their heads in the sand but our councillors do, (at the moment they are using snow.)

 

Xenophon warned us about this 1500yrs ago.

 

"Now, as concerning the Polity of the Athenians, and the type or manner of constitution which they have chosen, I praise it not, in so far as the very choice involves the welfare of the baser folk as opposed to that of the better class. I repeat, I withhold my praise so far; but, given the fact that this is the type agreed upon, I propose to show that they set about its preservation in the right way; and that those other transactions in connection with it, which are looked upon as blunders by the rest of the Hellenic world, are the reverse.

 

What it comes to, therefore, is that a state founded upon such institutions will not be the best state; but, given a democracy, these are the right means to procure its preservation. The People, it must be borne in mind, does not demand that the city should be well governed and itself a slave. It desires to be free and to be master. As to bad legislation it does not concern itself about that. In fact, what you believe to be bad legislation is the very source of the People's strength and freedom. But if you seek for good legislation, in the first place you will see the cleverest members of the community laying down the laws for the rest. And in the next place, the better class will curb and chastise the lower orders; the better class will deliberate in behalf of the state, and not suffer crack-brained fellows to sit in council, or to speak or vote in Parliament. No doubt; but under the weight of such blessings the People will in a very short time be reduced to slavery."

There is no "power," in being a fool.

 

'Með løgum skal land biggja.'

Regards.

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Further to my previous posts on this matter and having slept since then, with hindsight I've given this matter some further thought.

 

Where's the minutes of the full Council meeting that sanctioned the amount of the pay-off? Perhaps there isn't one as I'm now veering towards the conclusion that it definitely was a decision by the Head of the Department that must have delegated authority for all human resources' decisions and way back when the Council was formed, such delegated authority was given to said Head.

 

Therefore, whilst COSLA may have been involved, I bet COSLA were speaking with that particular Head of Department.

 

Perhaps NOT only should we be looking at the conduct of certain Councillors and Sandy, but also at the actions and suitability of a certain Head of Department.

 

As previous posters have said and, to a degree, myself included, DC may have chosen to go down the civil route for breach of contract. However, from my dealings with employment and insurance matters, civil litigation does tend to mirror decisions made at Employment Tribunals. So, therefore, that would be say £500 if the Council failed to hear a grievance hearing within set period of time but as to the rest of the monies; even on a salary of £90k per annum any compensation for breach of contract concerning marketability on the open labour market would not amount to the figures quoted, especially if one bears in mind the fact that DC still has his own consultancy business.

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Despite all the protests, letter-writing and posts to shetlink, is it not noticeable that these efforts accomplished virtually nothing in trying to change the mindset (even one little iota) of what the power-brokers on the Council, and some senior paid-officials had already decided was the best result for the Islands and themselves.

 

So they decided to give away (once again) more public money.

This time it was for the CE Exit, using the guise/HELP of both COSLA and the Council's own external Lawyers.

The obscene amounts of money were no doubt arrived at after so-called hard bargaining, but hey, it was the mediators who arrived at the CE amount, not the Councillors.

The settlements (in both cases) were made to make things go away, but I think that is definitely wishful thinking.

 

600,000 - Judane Write-Off.

500,000 - David Clark (gross costs to SIC)

 

Now is the time to ask: IS THERE ANYTHING ELSE?

I wonder if any Councillors or Officials make posts to this medium?

There also seems to be a huge amount of 'Guests' in recent times.

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The minutes of SIC meetings are sent to the Community Councils and, I think, are available for the public to view through that forum.

 

And also available here on the Council's COINS system online.

 

Edit: Curiously the search and retrieval isn't coming up with any Council minutes like it has been before. Could be broken? I can get minutes up to October 2009 - are they behind schedule in updating the system? How long does it take to get minutes ratified?

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Just done a calculation on a salary website to work out the top line of the pay-off, if the bottom line has to be £250,000

 

From www.thesalarycalculator.co.uk , the figure is £414,000

 

Plus legal costs for his side, will take the whole cost considerably higher.

 

We can assume that the SIC costs are minimal, as Sandy probably just phoned that Legal Eagle Jan Riise and asked his 'expert' opinion once more. (as per the case with the Bressay Bridge, Judane, SSG, Nick Reiter..............)

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